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| Boston Hous. Auth. v. Bridgewaters, No. 06-P-145,
APPEALS COURT OF MASSACHUSETTS, August 20, 2007, Decided
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Overview: Public housing tenant who was evicted after pleading guilty to charges involving the severe beating of his handicapped brother was not entitled to a reasonable accommodation for his mental illness under state and federal fair housing laws. In light of his criminal conduct, which endangered other tenants, he was not a "qualified handicapped person."
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| Okerman v. VA Software Corp., No. 06-P-1356,
APPEALS COURT OF MASSACHUSETTS, August 20, 2007, Decided
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Overview: Trial court erred in dismissing a manager's claims against his former employer under the Wage Act, because the language of the Wage Act regarding commissions applied broadly, and was restricted in its application only by the requirements that the commissions be definitely determined and due and payable, Mass. Gen. Laws ch. 149, § 148.
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| Killeen v. Westban Hotel Venture, LP, No. 05-P-1553.,
APPEALS COURT OF MASSACHUSETTS, August 21, 2007, Decided
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Overview: Trial court erred in awarding a server treble damages under Mass. Gen. Laws ch. 149, § 150, for harm suffered by a server based on a hotel's improper allocation of tips, as treble damages were discretionary, and the trial court did not make a finding on whether the conduct was outrageous or showed a reckless indifference to the rights of others.
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| Gossels v. Fleet Nat'l Bank, No. 05-P-1796,
APPEALS COURT OF MASSACHUSETTS, August 22, 2007, Decided
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Overview: Because a bank negligently failed to disclose fully all facts material to an international banking transaction, the customer was entitled to relief against a bank for breach of its fiduciary duty under Mass. Gen. Laws ch. 106, § 4-202(a)(1), conversion, and violation of Mass. Gen. Laws ch. 93A.
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| Care & Prot. or Amalie, No. 06-P-1451,
APPEALS COURT OF MASSACHUSETTS, August 23, 2007, Decided
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Overview: There was sufficient record evidence to support a conclusion that a mother was unfit as she exhibited little insight into her involvement with illegal drugs and its impact on her ability to parent, even after a lengthy incarceration, and she failed to acknowledge, and therefore was unable to address, the children's special needs.
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| Commonwealth v. Costa, No. 05-P-1145,
APPEALS COURT OF MASSACHUSETTS, August 23, 2007, Decided
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Overview: Defendant's motion to suppress evidence was properly denied since a police officer entered defendant's home with the consent of his mother in a noncoercive setting, without influence by threats and there were no findings that his mother was unable to understand the request. Thus, there was no violation of Mass. Const. Decl. Rights. art. XIV.
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| Charles L. Johnson's Case, No. 06-P-384,
APPEALS COURT OF MASSACHUSETTS, August 24, 2007, Decided
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Overview: Employee was not entitled to penalty under Mass. Gen. Laws ch. 252, § 8(1), para. 2, as disability benefits order did not award interest. Matter was remanded for reconsideration of employee's claim for attorney's fees under Mass. Gen. Laws ch. 152, § 13A(5) as employee successfully defended against insurer's Mass. Gen. Laws ch. 152, § 14 claim.
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| Commonwealth v. Agbanyo, No. 06-P-173,
APPEALS COURT OF MASSACHUSETTS, August 24, 2007, Decided
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Overview: Where the circumstances of defendant's counsel accepting a job with the district attorney's office and not informing defendant until the morning of trial created a potential, but not an actual, conflict of interest, defendant was not entitled to a new trial because he had not demonstrated prejudice.
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| Mellendick v. Zoning Bd. of Appeals, No. 07-P-107,
APPEALS COURT OF MASSACHUSETTS, August 24, 2007, Decided
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Overview: Because Edgartown, Mass., Zoning Bylaw, art. XI, § 11.6(a) did not compel consideration of endangered species and priority habitat concerns, the zoning board of appeal properly denied the abutting land owners' challenge to the grant of a variance.
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